South East Forest Rescue Inc INC9894030 v Forestry Corp of New South Wales

COURT OR TRIBUNAL

New South Wales Land and Environment Court, Supreme Court of New South Wales - Court of Appeal

DATE FILED (OR FIRST HEARING DATE)

15/01/2024

LITIGATION TYPE

Access to Justice

SUBJECT MATTER

Other

REVIEW TYPE

N/A

SUMMARY

INTERLOCUTORY APPLICATION — Injunction — Forestry operations — Civil enforcement proceedings — Integrated forestry operations approval under Part 5B of the Forestry Act 2012 (NSW) — Standing to sue — Whether the common law test for standing applies in civil enforcement proceedings — Serious question to be tried — Balance of convenience.

Climate change is mentioned this case in connection to the standing of South East Forest Rescue (SEFR) to bring civil enforcement proceedings to restrain Forestry Corp from conducting certain forestry operations unless steps were taken to minimise the effects of those operations on three species of glider [134]–[140]. SEFR has been recognised for its protection of forests and action on climate change by the Bob Brown Environmentalist of the Year award [132]; but this was not enough to establish a ‘special interest’ so as to grant SEFR standing.

An appeal was allowed and the appellant was held to have sufficient special interest to ground standing [176].

CASE DOCUMENTS

South East Forest Rescue Inc INC9894030 v Forestry Corp of New South Wales [2024] NSWLEC 7
South East Forest Rescue Inc v Forestry Corporation of New South Wales (No 2) [2024] NSWCA 113